The court described the process of deducing what were the intentions of the parties when purchasing property: ‘The primary emphasis accorded by the law in cases of this kind to express discussions between the parties (‘however imperfectly remembered and however imprecise their terms’) means that the tenderest exchanges of a common law courtship may assume an unforeseen significance many years later when they are brought under equity’s microscope and subjected to an analysis under which many thousands of pounds of value may be liable to turn on fine questions as to whether the relevant words were spoken in earnest or in dalliance and with or without representational intent.’
Judges:
Waite J
Citations:
[1992] 2 All ER 109, [1991] 1 WLR 1127
Jurisdiction:
England and Wales
Family, Trusts
Updated: 12 May 2022; Ref: scu.189962
